On The Administrative Liability Of Legal Persons (Companies) And Individual Entrepreneurs For Violations In The Sphere Of Production And Circulation Of Ethyl Alcohol, Of Alcoholic And Alcohol-Containing Products

Expired-the Federal law dated out N 196-FZ RUSSIAN FEDERATION Federal Act on the administrative liability of legal persons (companies) and individual entrepreneurs for violations in the sphere of production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products adopted by the State Duma June 23, 1999 the year approved by the Federation Council July 2, 1999 years this federal law aimed at ensuring State regulation of production and turnover of ethyl alcohol , alcoholic and alcohol-containing products, consumer protection, protection of life and health of people. Article 1. The scope of this federal law 1. This federal law establishes administrative liability of legal persons (organizations), as well as individual entrepreneurs for violations in the sphere of production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products. 2. The effect of this federal law shall not apply to: activities by citizens (natural persons) not producing to marketing products containing ethyl alcohol; activities of organizations in the production and circulation of medicines, treatment-and-prophylactic, diagnostic products containing ethyl alcohol, registered the authorized federal body of executive power and made in the State Register of medical products, medical devices, as well as the activity of chemist's establishments associated with the manufacture of means of individual recipes including homeopathic preparations, veterinary preparations, perfumery and cosmetic products that have passed the State registration in authorized federal executive authorities. Article 2. The activities of a legal entity (Organization) industrial production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products or individual entrepreneur on retail sales of alcohol, without the relevant licence or in violation of the conditions of the relevant licence 1. The activities of a legal entity (Organization) industrial production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products or individual entrepreneur on retail sales of alcoholic beverages, without an appropriate license,-is fined by administrative fine in the amount of 500 to 1,000 minimum wages with confiscation of ethyl alcohol, of alcoholic and alcohol-containing products in appropriate packaging and/or packaging, equipment and raw materials. 2. the activities of a legal entity (Organization) industrial production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products or individual entrepreneur on retail sales of alcohol products, carried out in violation of the conditions of the relevant license if this action (omission) does not form a whole other administrative offences provided for in this federal law,-is fined by administrative fine from three hundred to five hundred minimum wages with confiscation of ethyl alcohol , alcoholic and alcohol-containing products in the appropriate containers and (or) or without packaging. Article 3. The use of non-edible raw materials for cooking food alcohol and alcohol production use of a legal entity (Organization) of ethyl alcohol produced from non-food raw materials and non-food alcohol-containing products for the preparation of alcoholic and alcohol-containing food products-is fined by administrative fine in the amount of 500 to 1,000 times the minimum wage, with the confiscation of goods produced in the relevant packaging and/or packaging, equipment and raw materials or without it. Article 4. Industrial production or turnover of ethyl alcohol, drinking alcohol and alcohol-containing food products not conforming to the requirements of State standards, sanitary rules and norms of hygiene, industrial production or turnover of the legal person (entity) of ethyl alcohol, drinking alcohol and alcohol-containing food products or retail business of alcoholic products not satisfying the requirements of national standards, hygiene sanitary rules and regulations, shall entail the imposition of an administrative fine of between one and two thousand minimum wages with confiscation of ethyl alcohol drinking alcoholic and alcohol-containing food products in the appropriate packaging and/or packaging, equipment and raw materials. Article 5. Industrial production of ethyl alcohol in excess of quotas manufacturing legal entity (Organization) of ethyl alcohol in excess of quotas-is fined by administrative fine in the amount of three hundred to eight hundred minimum wages with confiscation of ethyl alcohol produced in excess of quotas. Article 6. Supply and procurement of ethanol without

the appropriate licences and quotas 1. Supply of legal entity (Organization) of ethyl alcohol legal entity (Organization) or an individual entrepreneur without a licence or without purchasing quotas of ethyl alcohol or carrying out purchase of ethyl alcohol in excess of quotas, shall entail the imposition of an administrative penalty in the amount of three hundred to one thousand minimum wages with confiscation of ethyl alcohol in appropriate packaging and/or packaging. 2. purchase a legal entity (Organization) of ethyl alcohol, without a licence or quota for the procurement of ethanol, as well as the purchase of alcohol in excess of quotas-is fined by administrative fine in the amount of three hundred to one thousand minimum wages with confiscation of ethyl alcohol in excess of quotas, in appropriate containers and (or) package. Article 7. Retail sales of ethyl alcohol, medicinal or curative-prophylactic drugs containing ethyl alcohol, and wine retail legal entity (Organization) and individual entrepreneur ethyl alcohol, including ethyl alcohol drinking (with the exception of retail sale of ethyl alcohol in the regions of the far North and similar areas in accordance with the list approved by the Government of the Russian Federation), as well as medicinal or curative-prophylactic drugs containing ethyl alcohol (with the exception of retail sale of those funds for activities of legal entities (organizations) set out in paragraph 2 of article 1 hereof) and wine-is fined by administrative fine from three hundred to five hundred minimum wages with confiscation of alcohol, medicinal or curative-prophylactic drugs containing ethyl alcohol, in appropriate containers and (or) or without packaging. Article 8. Turnover of alcoholic and alcohol-containing products without accreditation or without prescribed documents purchase, delivery and storage of legal entity (Organization) of alcohol and alcohol-containing food products without accreditation as prescribed by the Government of the Russian Federation, as well as a retail sale, storage and transportation of a legal entity (Organization) and individual entrepreneur alcoholic and alcohol-containing products with no set of transport documents, the certificate of conformity of each name alcoholic and alcohol-containing products or certified in the prescribed manner a copy of such a certificate or without accompanying the cargo customs declaration, or a copy thereof (for imported alcohol products)-shall entail the imposition of an administrative fine ranging from two hundred to five hundred minimum wages with confiscation of alcohol and alcohol-containing products in the appropriate containers and (or) or without packaging. Article 9. Supply of ethanol, alcoholic and alcohol-containing products in containers and/or packaging not satisfying the requirements of State standards for the delivery of legal entity (Organization) of ethyl alcohol, of alcoholic and alcohol-containing products in containers and/or packaging not conforming to the requirements of State standards, shall entail the imposition of an administrative fine ranging from two hundred to five hundred minimum wages with confiscation of ethyl alcohol, of alcoholic and alcohol-containing products in the appropriate containers and (or) or without packaging. Article 10. Issuance of a legal entity (Organization), a manufacturer of alcoholic beverages without marking or sale of alcoholic beverages without marking, if the marking is obligatory, as well as storage or transportation of such products 1. Issuance of a legal entity (Organization)-manufacturer of alcoholic beverages without marking, if the marking is obligatory, is fined by administrative fine from two hundred to five hundred minimum wages with confiscation of alcohol products in appropriate packaging and/or packaging. 2. Purchase and sale of a legal entity (Organization) or individual entrepreneur spirits without marking, if the marking is obligatory, as well as storage, transportation of such products-shall entail the imposition of an administrative fine ranging from two hundred to five hundred minimum wages with confiscation of alcohol products in appropriate packaging and/or packaging. Article 11. Distortion and (or) failure to submit a declaration within the prescribed time-limits on the volume of production or ethyl alcohol, of alcoholic and alcohol-containing products Distortion and (or) failure to submit a legal entity (Organization) Declaration within the prescribed time-limits on the volume of production or ethyl alcohol, of alcoholic and alcohol-containing products-shall entail the imposition of an administrative penalty in the amount of 200 to 500 times the minimum wage. Article 12. Violation of the rules of retail sale of alcoholic and alcohol-containing products

Violation of the legal entity (Organization) or individual rules of retail sale of alcoholic and alcohol-containing products, established by federal laws or by the Government of the Russian Federation if this action (omission) does not form a whole other administrative offences provided for in this federal law,-is fined by administrative fine in the amount from 100 to 200 times the minimum wage. Article 13. Jurisdiction of cases on administrative offences provided for in this federal law and the powers of officials 1. Make up protocols on administrative offences provided for in this federal law, to apply measures to ensure cases on administrative offences, carry out other procedural actions stipulated by this federal law and the code of CRIMINAL PROCEDURE of the RSFSR on administrative offences, on behalf of the federal executive authorities exercising State regulation of production and turnover of ethyl alcohol, of alcoholic and alcohol-containing products may authorized officials of internal affairs agencies, tax authorities, tax police bodies , bodies of State sanitary-and-epidemiologic supervision, State Inspectorate for supervision of State standards and maintenance of unity of measurements, State trade inspection, quality of products and consumer protection. 2. Cases on administrative offences provided for in this federal law, shall consider the heads of federal bodies of executive power, authorized by heads of departments of federal executive authorities, as well as the heads of territorial bodies of the federal body of executive power of the constituent entities of the Russian Federation, districts, cities, urban areas and related entities. The leaders: tax authorities consider cases on administrative offences, prescribed by articles 2, 5, 6, 10, 11 of this federal law; the internal affairs agencies, as well as heads or Deputy Heads of bodies of Internal Affairs on Transport consider cases on administrative offences, prescribed by articles 7, 8, 10, 12 hereof; tax police bodies consider cases on administrative offences, prescribed by articles 7, 8, 10, 12 hereof; bodies of State sanitary-epidemiological supervision consider cases on administrative offences, prescribed by articles 3, 4 of this federal law; organs of the State Inspectorate for supervision of State standards and maintenance of unity of measurements, consider cases on administrative offences, prescribed by article 9 hereof; State inspection bodies on trade, quality of goods and the protection of the rights of consumers consider cases on administrative offences provided for in article 12 hereof. 3. The imposition of an administrative penalty of confiscation of the offending have ethanol, alcoholic and alcohol-containing food products in appropriate containers and (or) package, as well as equipment and raw materials, were he legally, within the purview of district courts (magistrates). Article 14. Procedure in cases of administrative offences provided for in this federal law procedure in cases of administrative offences provided for in this federal law, shall be determined by this federal law, and in part not regulated them, section IV of the RSFSR Code of administrative offences. Article 15. Reasons and grounds for instituting proceedings on administrative offence stipulated by this federal law 1. Motives for instituting proceedings on administrative offences, prescribed by this federal law are: 1) the direct discovery official authorized make up protocols on administrative offences, committed administrative offences in the area of production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products; 2) inputs from law enforcement and other State bodies, local self-government bodies and public associations; 3) messages and statements about administrative offences in the area of production and circulation of ethyl alcohol, of alcoholic and alcohol-containing products, from natural or legal persons, as well as media reports. 2. Materials, messages, statements, referred to in paragraph 1 of this article shall be subject to review by the officials empowered to draw up protocols on administrative offences, as well as a Prosecutor.

3. grounds for the initiation of cases relating to administrative offences provided for in this federal law, are sufficient evidence of signs of administrative offence. In case of refusal in the case of an administrative offence if there are materials, messages, statements referred to in subparagraphs 2 and 3 of paragraph 1 of this article, the officer reviewing the materials, messages, statements, reasoned determination to dismiss cases on administrative violation. Determination to dismiss cases on administrative offences may be appealed by the person submitting the materials, messages, statements in court or a superior authority (supervising official). 4. In the case of an administrative offence, prescribed by this federal law, is considered to be brought since the Protocol of committing an administrative offence or a Prosecutor of the Ordinance on proceedings of administrative offence. When it is necessary to carry out an administrative investigation in accordance with the provisions of article 18 of the present Federal law case concerning an administrative offence is considered to be brought since the judgment instituting proceedings on administrative violation. Article 16. Measures for cases of administrative offences provided for in this federal law 1. When identifying administrative offences provided for in this federal law, administrative detention the legal representative of a legal entity or an individual entrepreneur, body searches and searches of belongings, confiscation of their belongings and documents are carried out by officials of internal affairs bodies or tax police bodies. 2. In the case of lengthening the proceedings of administrative offence in connection with the administrative inquiry seized in accordance with the provisions of article 25 of the Federal law "on State regulation of production and turnover of ethyl alcohol, of alcoholic and alcohol-containing products" from the illicit production and trafficking of ethyl alcohol, alcohol and spirtosoderzhashchaja products if it is impossible to ensure their proper storage and risk returning to production and trafficking are sent for processing for technical purposes. If you cannot carry out such processing of produce not satisfying the requirements of national standards, hygiene sanitary rules and norms specified by products is sent for destruction. Decide on direction for processing for technical purposes or destruction of these products before a ruling in the case of an administrative offence, prescribed by this federal law, shall be taken in the manner prescribed by the Government of the Russian Federation, by the authorized official bodies responsible for internal affairs or the tax police, who have the right, in accordance with paragraph 2 of article 13 hereof to hear cases of administrative offences concerned. Feed samples of ethyl alcohol, of alcoholic and alcohol-containing products are stored within one month after the expiry of the appeal ruling in the case of administrative violation, then destroyed in the manner prescribed by the Government of the Russian Federation. 3. Measures to ensure the cases on administrative offences, applied to a legal entity (Organization) or an individual entrepreneur may be appealed by the interested person in superior authority (Officer), a procurator or a court. Article 17. Protocol on administrative violation under this federal law 1. Of committing an administrative offence provided for in this federal law, shall be drawn up. 2. the Protocol on administrative violation shall specify the date and place of its drawing up; post, first name, middle name of the person who made the Protocol; information about the legal entity (Organization) or an individual owner, against whom the proceedings of administrative offence; surnames, names, patronymics, addresses of witnesses and victims, if they exist; space, time and substance of administrative offence; a law providing for liability for the offence, together with an indication of specific articles of the law; explanation of the legal representative of a legal entity (Organization) or the individual businessman, against whom the proceedings of administrative offence; other information necessary to resolve the case.

3. In drawing up a Protocol on administrative violation legal representative of a legal entity (Organization) or the individual businessman, in respect of which proceedings on administrative offences, as well as other parties to proceedings in this case explained their rights and obligations stipulated by this federal law and the code of CRIMINAL PROCEDURE of the RSFSR on administrative offences, as is marked in the Protocol. 4. A legal representative of a legal entity (Organization) or the individual businessman, against whom the proceedings of administrative offence, should be given the opportunity to review the Protocol on administrative violation. These persons have the right to provide explanations and comments on the content of the Protocol, annexed to the Protocol. In case of failure of these persons from the signing of the Protocol on administrative violation it is produced. 5. the Protocol on administrative violation shall be signed by the person who, in the presence of witnesses; the Protocol can be signed and also understood. 6. A legal representative of a legal entity (Organization) or the individual businessman, in respect of which proceedings on administrative offences, as well as the victim, at his request, a copy of the Protocol on administrative violation against receipt is handed over immediately after it. Article 18. Administrative investigation administrative offence provided for in this federal law 1. In cases where, after identifying the administrative offence referred to in articles 3-9 of this federal law, requires the production of examinations and other associated with a large amount of time-intensive and complicated proceedings, an administrative inquiry is carried out. Such an investigation should be completed within a period of not more than one month after the commencement of the case. In exceptional cases this time limit may be extended by written request to superior officer for another month. 2. The administrative inquiry is carried out at the place of discovery or administrative offence. 3. at the end of an administrative investigation shall develop a Protocol on administrative violation. Article 19. Deadlines for drafting a Protocol on administrative violation 1. Report on administrative offence drawn up immediately after revealing the existence of an administrative offence. 2. in the implementation of an administrative investigation report on administrative offence drawn up at the end, in accordance with the timetable provided for by law, under article 18 of the present Federal law. Article 20. Direction protocol for the consideration of the case of an administrative offence report of administrative offence shall be sent to the body (official), authorized to consider the case of an administrative offence, within 24 hours from the moment of drawing up a Protocol on administrative violation. Article 21. In the case of administrative offence stipulated by this federal law 1. In the case of an administrative offence must be specified: 1) post, surname, name, patronymic of the judges (official) who took the decision; 2) date and venue; 3) information about the legal entity (Organization) or an individual owner, in respect of which considered the case; 4) circumstances set in case; 5) the name of the article of this federal law, providing for responsibility for the administrative offence; 6) term and appealing rulings. 2. In the case of administrative violation must be motivated. 3. In the case of an administrative offence shall be resolved questions about seized ethanol, alcoholic and alcohol-containing products in appropriate packaging and/or packaging, equipment and raw materials, if not applied in the form of confiscation. At the same time: 1) things and documents not withdrawn from circulation, must be returned to the owner and, if the latter is transferred into ownership of the nonestablishment State; 2) ethyl alcohol, alcohol and spirtosoderzhashchaja products in appropriate packaging and/or packaging, equipment and raw materials seized from illicit traffic and used for illegal purposes, as prescribed by the Government of the Russian Federation shall be brought to the appropriate institutions or destruction; 3) documents are evidence, subject to the abandonment in the during the whole period of storage or transferred to stakeholders. 4. the decision of an administrative offense shall be signed by the judge or decision made official. Article 22. The timing of imposition of an administrative penalty in cases of administrative offences provided for in this federal law

The timing of imposition of an administrative penalty in cases of administrative offences provided for in this federal law and does not require an administrative investigation shall be determined in accordance with the provisions of article 38 of the code of CRIMINAL PROCEDURE of the RSFSR on administrative offences. Article 23. Appeals ruling in the case of an administrative offence, prescribed by this federal law within ten days of the ruling on the case of an administrative offence, prescribed by this federal law, a legal person (entity) or an individual entrepreneur, in respect of which the ruling is entitled to appeal against the ruling to a higher officer or the Court. The General procedure for appeal and protest rulings in cases of administrative offences provided for in this federal law, shall be determined by the rules of Chapter 22 of the code of CRIMINAL PROCEDURE of the RSFSR on administrative offences. Article 24. The order of execution of the order is about imposing of administrative penalty prescribed by this federal law Decision about imposing of administrative penalty prescribed by this federal law shall enter into force and enforceable upon the expiration of 10 days from the moment of its issuance. In the event of a complaint or protest to the judgement of the swearing about imposing of administrative penalty specified Decree comes into force from the date of the issuance of not repealing its decision on the complaint or grievance. Legal person (entity) or an individual entrepreneur, in respect of which the ruling about imposing of administrative penalty prescribed by this federal law, shall have the right to voluntarily fulfill the specified decision within fifteen days from the date of its entry into force. In case of failure to execute within the specified period the decision about imposing of administrative penalty prescribed by this federal law, shall be sent to him by a judge or officer of the bailiff, the Executive Director for the measures envisaged by the legislation on enforcement proceedings. The General order of execution of the decisions on the imposition of administrative penalties provided for in this federal law, shall be carried out in relation to the characteristics of the administrative liability of legal persons (organizations) or individual entrepreneurs in the manner prescribed by this federal law, title V of the code of CRIMINAL PROCEDURE of the RSFSR on administrative offences and the Federal Act "on enforcement proceedings". Article 25. To entrust the Government of the Russian Federation to elaborate the procedure for sending for recycling of ethyl alcohol, of alcoholic and alcohol-containing products in appropriate packaging and (or) packaging. The President of the Russian Federation and to entrust the Government of the Russian Federation to bring its normative acts in compliance with this federal law. Article 26. This federal law shall cease to have effect from the date of entry into force of the code on administrative offences of the Russian Federation. Article 27. This federal law shall enter into force on the expiry of one month from the day of its official publication. Russian President Boris Yeltsin in Moscow, the Kremlin July 8, 1999 N 143-FZ

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